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R.C.P. No. 18/2020

Case between Dr. Saju Raju vs K.T Tomy regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2025-09-15
Duration
approximately-5 years 9 months

Judgement document from eCourt website

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Case Summary

Dr. Saju Raju, a dentist, filed a petition for eviction against his tenant, K.T Tomy, whose lease has expired. The petitioner needs the premises to expand his dental clinic by adding a geriatric section for elderly patients who find it difficult to access the first floor.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the rent control petition, directing the respondent to vacate the premises within 30 days. The petitioner is entitled to recover costs from the respondent.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated a bona fide need for the premises to expand his dental clinic.

Judgment Evidence:

In the result, the rent control petition is allowed under 11(8) of the Act. The respondent is hereby directed to put the landlord in possession of the petition schedule building within 30 days from the date of order.

Parties Involved

Plaintiffs

Dr. Saju Raju (51 years years) Divine House, Ammankovil Road Kochi- 35

Defendants

K.T Tomy (Age not specified years) Students Book Shop, Divine Building, Opposite St. Thomas School Perumanoor, Kochi 682 015

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner sought to evict the respondent from the leased premises for personal use.
Evidence:
The rent control petition is allowed under 11(8) of the Act. The respondent is hereby directed to put the landlord in possession of the petition schedule building within 30 days from the date of order.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner is entitled to recover the cost of the proceedings from the respondent.
Evidence:
The petitioner is entitled to recover the cost of the proceedings from the respondent.

Documents & Evidence

Document Type: Lawyer’s Notice
Submitted By: Plaintiff
Relevance:
This notice was sent by the petitioner to the respondent demanding eviction.
Reference:
Ext.A1
Document Type: Reply Notice
Submitted By: Defendant
Relevance:
This notice was sent by the respondent in reply to the eviction notice from the petitioner.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
This report includes details from the property inspection and supports the petitioner's claims.
Reference:
Ext.C1 series

Quick Facts

Location
Ernakulam
Case Filed
Wed, 01/01/2020 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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